BENTONVILLE — A circuit judge will allow prosecutors to show jurors some reprimands of a former Northwest Arkansas Children’s Shelter employee for his contact with children.
Judge Brad Karren presided over a hearing Friday in Hunter De La Garza’s rape case.
De La Garza, 24, of Little Flock has pleaded innocent to a charge of rape. He is accused of raping a 10-year-old shelter resident in a bathroom at the Pinnacle Hills Promenade in Rogers during a February 2021 outing, according to court documents.
Jury selection is expected to begin at 10:30 a.m. Tuesday with opening statements slated to begin Wednesday morning.
Ben Catterlin, De La Garza’s attorney, asked the judge to prohibit prosecutors from using testimony and other evidence concerning his client’s contact with children at the shelter.
Karren granted Catterlin’s motion, and prosecutors won’t be able to use evidence involving a then-16-year-old girl at the shelter.
Karren also granted Catterlin’s request to prevent the testimony of another girl, who Catterlin said claims De La Garza touched her on the leg. Catterlin described it as a grazing incident and not a crime.
Seth Segovia, deputy prosecutor, described the incident as a prolonged touching on her inner thigh under a blanket. Prosecutors recently learned of the specific details of the incident after interviewing the girl. Karren granted the motion to exclude the testimony.
Catterlin also wanted the judge to prohibit prosecutors from using reprimands De La Garza received while working at the shelter.
One reprimand involved De La Garza being alone in the restroom with a 6-year-old girl. The girl is now 9 years old, and prosecutors are expected to call her as a witness. She will be allowed to testify since Karren found the reprimand was relevant because it also involved a restroom.
Catterlin asked the judge to exclude a reprimand De La Garza received for what he described as hugging a 12-year-old child. Catterlin said his client was trying to calm an upset child.
“He was performing an act of care, and they are trying to turn it into an act of sexual indecency,” Catterlin said.
Segovia said De La Garza had boundary issues with the child and was warned about his behavior. Segovia described the incident as De La Garza embracing the child.
Karren found the incident relevant, so prosecutors will be able to present the evidence to the jury.
De La Garza is being held on $250,000 bond in the Benton County Jail. He faces from 25 to 40 years in prison or life imprisonment if convicted of the rape charge.